Child Custody in Texas
State-specific overview · Family Law
Texas presumes that joint managing conservatorship (shared custody) serves the child's best interests unless evidence shows otherwise.
How Texas treats Child Custody
Texas uses the term 'conservatorship' instead of custody, with 'joint managing conservatorship' being the presumed arrangement when both parents are fit. The court appoints one parent as the primary conservator for physical possession while both typically share decision-making rights on major issues like education and medical care. Texas courts apply a best-interests standard that includes factors such as the stability of each home, the child's needs, and any history of abuse or neglect. Parents may agree to their own conservatorship arrangement, which the court will approve if it serves the child's best interests.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.